FOREWORD
by the
International Bar Association
During the past 50 years, the International Bar Association (IBA) has gained recognition as the
global representative of both individual lawyers and the Bar Associations and Law Societies that
oversee the profession. Its 180 Member Organisations cover all continents and include the American
Bar Association, the German Federal Bar, the Japan Federation of Bar Associations, the Law Society of
Zimbabwe and the Mexican Bar Association.
The IBA believes in the fundamental right of the world’s citizens to have disputes heard and
determined by an independent judiciary, and for judges and lawyers to practise freely and without
interference.
In 1995 the IBA established the Human Rights Institute (HRI) under the Honorary Presidency
of Nelson Mandela to further this work. The Human Rights Institute welcomes members from across
the spectrum of legal practice; indeed the vast majority of the most active participants do not practise
human rights law in their daily lives but, through membership of the HRI, demonstrate their
commitment to supporting the freedom of the legal profession. It is to strengthen this commitment
that the present Manual and Facilitator’s Guide have been conceived, composed and compiled.
In many countries even traditional legal training tends to ignore the comparative and
international dimension, with the result that lawyers and judges often have not been introduced to the
remarkable and comprehensive developments of statements of international human rights norms and
the decisions and views of the international monitoring bodies and regional courts. The basic problem
about international human rights law is not so much its applicability or inapplicability in national
systems – the basic problem is how little is known around the world of its provisions!
Yet members of the legal profession and the judiciary have an unstated moral obligation to
assist in the development of a civil society based upon the rule of law, and, at a more practical level,
lawyers and judges have a professional responsibility to maintain their educational and practical
proficiency through regular professional programmes.
The international and regional human rights instruments and their developing jurisprudence
reflect international law and principles and are of vital importance as aids to interpretation, and in
helping judges to make choices between competing interests.
The Manual seeks to assist practitioners in ensuring they are familiar with human rights
jurisprudence and statements, and their practical application. As noted by Justice Bhagwati, the former
Chief Justice of India, international human rights norms would remain sterile unless lawyers and judges
poured life into them, and infused them with vigour and strength so that they may become vibrant and
meaningful for the whole of humanity and their universality a living reality.
The International Bar Association was pleased to provide practical support to the Office of the
High Commissioner for Human Rights by jointly recruiting and financing a Consultant to draft the
Manual and Guide and by creating an international committee of distinguished jurists to review and
comment on the text.
Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers
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